A friend of mine was stopped by the police for using a mobile whilst driving, he wasn't but they issued him with a notice all the same. When he showed me the paperwork I noticed that they had transposed his name and got his birthdate wrong. His name say is Howell Bennet and they had it down as Bennet Howell. His birthdate which is the 12 April they had down as the 30 April.

Is this sufficient to get the case thrown out? He has decided to take the matter to court because he wasn't using the phone.

Gan

Tue, 3 Apr 2012 - 15:44

Not of any use

He knows he was stopped and if the FPN is rejected it starts again with new paperwork

He must positively reject it and state that he wants it dealt with by court, not simply leave it unpaid.

He also needs to contact the phone company to confirm that no calls were made or received.

What was he doing that made the police think he was using it ?

CuriousOrange

Wed, 4 Apr 2012 - 09:10

QUOTE (Gan @ Tue, 3 Apr 2012 - 16:44)

He must positively reject it and state that he wants it dealt with by court, not simply leave it unpaid.

Only if he has an actual FPN, i.e. he surrendered his licence at the roadside, or since.

But given the very little information given, coupled with it being Chinese Whispers, it'd be a fool's errand for me to offer further comment.

Oystermouth

Thu, 5 Apr 2012 - 10:25

He says he wasn't doing anything. He stopped at a roundabout and the police drew up alongside him and told him to pull over. He was wearing his bluetooth headset and so had no need to touch the phone. There was no communication with anyone else, either vocal or in any other form. He informed the police he was taking it to court.

The Rookie

Thu, 5 Apr 2012 - 10:28

As hinted at, did he surrender his licence or does he have to produce it (the former means a real FPN, the latter is not an FPN in the legal sense), any reason he can't post himself with a FULL version of events instead of wasting everyones time?

Oystermouth

Thu, 5 Apr 2012 - 11:24

Sorry you think trying to help a friend is wasting everyone's time. He is severely dyslexic and has extreme difficulty in making himself understood. I wouldn't want to think I was keeping Rookie from far more pressing matters so thank you very much for your help but please don't bother to reply again.

Sparxy

Fri, 6 Apr 2012 - 04:38

QUOTE (Oystermouth @ Thu, 5 Apr 2012 - 12:24)

Sorry you think trying to help a friend is wasting everyone's time. He is severely dyslexic and has extreme difficulty in making himself understood. I wouldn't want to think I was keeping Rookie from far more pressing matters so thank you very much for your help but please don't bother to reply again.

The only reason Rookie says this is because if details are interpreted and then written incorrectly by yourself it would result in potentially erroneous advice being given by members.

sgtdixie

Fri, 6 Apr 2012 - 20:34

QUOTE (Oystermouth @ Thu, 5 Apr 2012 - 12:24)

Sorry you think trying to help a friend is wasting everyone's time. He is severely dyslexic and has extreme difficulty in making himself understood. I wouldn't want to think I was keeping Rookie from far more pressing matters so thank you very much for your help but please don't bother to reply again.

Your version of events is incomplete so any advice given will be flawed. If you won't listen to advice from an experienced poster why are you here?

Why did the Police say he was using his phone? What are they alleging they saw. Exactly what paperwork did they issue? The wearing of a bluetooth headset is not proof the phone was not being held. If your friend can't post then sit him next to you and answer the questions and we can advise accordingly.

Oystermouth

Wed, 11 Apr 2012 - 14:51

Please don't anyone bother to reply. The sheer arrogance and rudeness of the posters is beyond belief.

CuriousOrange

Wed, 11 Apr 2012 - 19:22

So your wish to help your friend doesn't extend to swallowing your pride just because people want to hear the details from him rather than you?

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